Indian criminal law | Updated 30 October 2026
IPC Sections 359 and 360: Kidnapping and Kidnapping from India - BNS Section 137
Sections 359 and 360 of the Indian Penal Code, 1860 explain the types of kidnapping and the meaning of kidnapping from India. The corresponding provisions are now contained in Section 137 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
IPC Section 359: Definition and two kinds of kidnapping
Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.
Section 359 is a classification provision. It identifies the two types of kidnapping without itself setting out all the ingredients of either offence or prescribing a punishment. The detailed definitions appeared in IPC Sections 360 and 361, and punishment was prescribed in IPC Section 363.
IPC Section 360: Kidnapping from India
Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.
The core elements are conveying a person beyond the territorial limits of India and absence of legally effective consent. The provision concerns crossing the country's limits; mere movement between Indian states does not, by itself, constitute kidnapping from India under this definition.
BNS Section 137: Corresponding current law
Section 137(1)(a) defines kidnapping from India: conveying a person beyond India's limits without that person's consent or the consent of someone legally authorised to consent on the person's behalf.
Section 137(1)(b) defines kidnapping from lawful guardianship: taking or enticing a child, or a person of unsound mind, out of the keeping of a lawful guardian without that guardian's consent. The statutory explanation of lawful guardian includes a person lawfully entrusted with care or custody. The statutory exception concerning a person who in good faith believes himself to be the father of an illegitimate child or entitled to lawful custody must be read with its qualification concerning an immoral or unlawful purpose.
Section 137(2) provides the punishment for kidnapping from India or from lawful guardianship: imprisonment of either description for a term which may extend to seven years, and liability to fine.
Essential ingredients of kidnapping from India
- Conveyance: A person is taken or transported beyond the limits of India.
- Lack of valid consent: The person has not consented, and no legally authorised person has validly consented on their behalf.
- Territorial element: The movement crosses the limits of India, rather than merely a city or state boundary.
- Facts and evidence: The route, authority to consent, age and circumstances of movement may affect the legal assessment.
Kidnapping from India versus kidnapping from lawful guardianship
| Point | From India | From lawful guardianship |
|---|---|---|
| Current provision | BNS Section 137(1)(a) | BNS Section 137(1)(b) |
| Central conduct | Conveying a person beyond India's limits | Taking or enticing a protected person out of a lawful guardian's keeping |
| Consent | Consent of the person or a legally authorised person | Consent of the lawful guardian |
| Geographical border | Crossing India's limits is essential | Crossing an international border is not necessary |
| Punishment | Up to seven years and fine under Section 137(2) | Up to seven years and fine under Section 137(2) |
IPC and BNS section comparison
| Former IPC provision | Subject | Current BNS provision |
|---|---|---|
| Section 359 | Two kinds of kidnapping | Section 137(1), which sets out both kinds |
| Section 360 | Kidnapping from India | Section 137(1)(a) |
| Section 361 | Kidnapping from lawful guardianship | Section 137(1)(b) |
| Section 363 | Punishment for kidnapping | Section 137(2) |
Practical illustrations
Illustration 1: A person is transported outside India without their consent and without the consent of someone legally authorised to act for them. The facts may attract kidnapping from India.
Illustration 2: A child is enticed away from the keeping of a lawful guardian without the guardian's consent. This may involve kidnapping from lawful guardianship even where the child never leaves India.
Illustration 3: A competent adult voluntarily travels abroad with informed consent. Travel by itself does not satisfy the lack-of-consent requirement of kidnapping from India.
Related offences and procedural law
Kidnapping must be distinguished from abduction, which is separately defined under BNS Section 138 and concerns compelling a person by force, or inducing a person by deceitful means, to go from any place. Other provisions may apply where kidnapping is connected to ransom, exploitation, trafficking or other aggravated circumstances.
Investigation, arrest, bail and trial questions are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for cases to which it applies. The First Schedule and the specific facts should be checked before reaching a conclusion about the procedural classification of an allegation.
IPC Sections 359 and 360: Supreme Court and High Court case laws
The original page reserved this section for case-law references but did not provide any named judgment or citation. For authoritative judgments, use the Supreme Court of India and the eCourts judgments portal. Search by the relevant section, issue and factual circumstances. No unverified judgment has been attributed to these provisions here.
Frequently asked questions
What are the two kinds of kidnapping under IPC Section 359?
Kidnapping from India and kidnapping from lawful guardianship.
Which BNS section corresponds to IPC Section 360?
BNS Section 137(1)(a) corresponds to the former definition of kidnapping from India.
Is moving a person from one Indian state to another kidnapping from India?
No. Kidnapping from India requires conveying the person beyond the limits of India without the legally required consent. Other offences may still apply depending on the circumstances.
What is the punishment under BNS Section 137?
Under Section 137(2), imprisonment of either description for up to seven years and a fine.
Does IPC Section 359 itself prescribe a punishment?
No. It classifies kidnapping into two kinds. Under the former IPC, Section 363 prescribed the general punishment for kidnapping.
Official statutory references
Read the India Code portal for the Bharatiya Nyaya Sanhita, 2023 (Section 137), Indian Penal Code, 1860 (Sections 359 to 363), and the Bharatiya Nagarik Suraksha Sanhita, 2023. The Ministry of Home Affairs publishes official information on the new criminal laws. This article is general legal information, not a substitute for advice on specific facts.